79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session Sponsored by Representatives CLEM, SMITH DB Enrolled House Bill 2730 CHAPTER... AN ACT Relating to agriculture; amending ORS 215.283. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 215.283 is amended to read: 215.283. (1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches cemeteries in conjunction with churches. (b) The propagation or harvesting of a forest product. (c) Utility facilities necessary for public service, including wetl waste treatment systems but not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height. A utility facility necessary for public service may be established as provided in: (A) ORS 215.275; or (B) If the utility facility is an associated transmission line, as defined in ORS 215.274 469.300. (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator s spouse, which means a child, parent, stepparent, grchild, grparent, stepgrparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithsting ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this paragraph obtains construction financing or other financing secured by the dwelling the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, the foreclosure shall operate as a partition of the homesite to create a new parcel. (e) Subject to ORS 215.279, primary or accessory dwellings other buildings customarily provided in conjunction with farm use. (f) Operations for the exploration for production of geothermal resources as defined by ORS 522.005 oil gas as defined by ORS 520.005, including the placement operation of compressors, separators other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (g) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (h) Climbing passing lanes within the right of way existing as of July 1, 1987. Enrolled House Bill 2730 (HB 2730-A) Page 1
(i) Reconstruction or modification of public roads highways, including the placement of utility facilities overhead in the subsurface of public roads highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new l parcels result. (j) Temporary public road highway detours that will be aboned restored to original condition or use at such time as no longer needed. (k) Minor betterment of existing public road highway related facilities such as maintenance yards, weigh stations rest areas, within right of way existing as of July 1, 1987, contiguous public-owned property utilized to support the operation maintenance of public roads highways. (L) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been listed in a county inventory as historic property as defined in ORS 358.480. (m) Creation, restoration or enhancement of wetls. (n) A winery, as described in ORS 215.452 or 215.453. (o) Farm sts if: (A) The structures are designed used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation other farm operations in the local agricultural area, including the sale of retail incidental items fee-based activity to promote the sale of farm crops or livestock sold at the farm st if the annual sale of incidental items fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm st; (B) The farm st does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock does not include structures for banquets, public gatherings or public entertainment. (p) Subject to section 2, chapter 462, Oregon Laws 2013, alteration, restoration or replacement of a lawfully established dwelling. (q) A site for the takeoff ling of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator s cost to maintain the property, buildings facilities. As used in this paragraph, model aircraft means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight is controlled by radio, lines or design by a person on the ground. (r) A facility for the processing of farm crops or for the production of biofuel, as defined in ORS 315.141, if the facility is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038. If a building is established or used for the processing facility or establishment, the farm operator may not devote more than 10,000 square feet of floor area to the processing facility or establishment, exclusive of the floor area designated for preparation, storage or other farm use. A processing facility or establishment must comply with all applicable siting stards but the stards may not be applied in a manner that prohibits the siting of the processing facility or establishment. (s) Fire service facilities providing rural fire protection services. (t) Irrigation reservoirs, canals, delivery lines those structures accessory operational facilities, not including parks or other recreational structures facilities, associated with a district as defined in ORS 540.505. Enrolled House Bill 2730 (HB 2730-A) Page 2
(u) Utility facility service lines. Utility facility service lines are utility lines accessory facilities or structures that end at the point where the utility service is received by the customer that are located on one or more of the following: (A) A public right of way; (B) L immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or (C) The property to be served by the utility. (v) Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, as provided in ORS 215.246 to 215.251, the l application of reclaimed water, agricultural or industrial process water or biosolids for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone under this chapter. (w) A county law enforcement facility that lawfully existed on August 20, 2002, is used to provide rural law enforcement services primarily in rural areas, including parole post-prison supervision, but not including a correctional facility as defined under ORS 162.135. (x) Dog training classes or testing trials, which may be conducted outdoors or in preexisting farm buildings, when: (A) The number of dogs participating in training does not exceed 10 dogs per training class the number of training classes to be held on-site does not exceed six per day; (B) The number of dogs participating in a testing trial does not exceed 60 the number of testing trials to be conducted on-site is limited to four or fewer trials per calendar year. (2) The following nonfarm uses may be established, subject to the approval of the governing body or its designee in any area zoned for exclusive farm use subject to ORS 215.296: (a) Commercial activities that are in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203 (2)(b)(K) or subsection (1)(r) of this section. (b) Operations conducted for: (A) Mining processing of geothermal resources as defined by ORS 522.005 oil gas as defined by ORS 520.005 not otherwise permitted under subsection (1)(f) of this section; (B) Mining, crushing or stockpiling of aggregate other mineral other subsurface resources subject to ORS 215.298; (C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portl cement; (D) Processing of other mineral resources other subsurface resources. (c) Private parks, playgrounds, hunting fishing preserves campgrounds. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. Upon request of a county governing body, the L Conservation Development Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of the campgrounds in a county if the commission determines that the increase will comply with the stards described in ORS 215.296 (1). As used in this paragraph, yurt means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appliance. (d) Parks playgrounds. A public park may be established consistent with the provisions of ORS 195.120. (e) Community centers owned by a governmental agency or a nonprofit community organization operated primarily by for residents of the local rural community. A community center authorized under this paragraph may provide services to veterans, including but not limited to emergency transitional shelter, preparation service of meals, vocational educational counseling referral to local, state or federal agencies providing medical, mental health, disability income replacement substance abuse services, only in a facility that is in existence on Jan- Enrolled House Bill 2730 (HB 2730-A) Page 3
uary 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. (f) Golf courses on l: (A) Determined not to be high-value farml, as defined in ORS 195.300[.] (10); or (B) Determined to be high-value farml described in ORS 195.300 (10)(c) if the l: (i) Is not otherwise described in ORS 195.300 (10); (ii) Is surrounded on all sides by an approved golf course; (iii) Is west of U.S. Highway 101. (g) Commercial utility facilities for the purpose of generating power for public use by sale. (h) Personal-use airports for airplanes helicopter pads, including associated hangar, maintenance service facilities. A personal-use airport, as used in this section, means an airstrip restricted, except for aircraft emergencies, to use by the owner,, on an infrequent occasional basis, by invited guests, by commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal-use airport other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances. A personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted subject to any applicable rules of the Oregon Department of Aviation. (i) Home occupations as provided in ORS 215.448. (j) A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices is compatible with farm uses described in ORS 215.203 (2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of l or contiguous l where the primary processing facility is located. (k) A site for the disposal of solid waste approved by the governing body of a city or county or both for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. (L) One manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under subsection (1)(p) of this section. (m) Transmission towers over 200 feet in height. (n)(a) Commercial dog boarding kennels; or (B) Dog training classes or testing trials that cannot be established under subsection (1)(x) of this section. (o) Residential homes as defined in ORS 197.660, in existing dwellings. (p) The propagation, cultivation, maintenance harvesting of aquatic species that are not under the jurisdiction of the State Fish Wildlife Commission or insect species. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the county s l use regulations but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application. (q) Construction of additional passing travel lanes requiring the acquisition of right of way but not resulting in the creation of new l parcels. Enrolled House Bill 2730 (HB 2730-A) Page 4
(r) Reconstruction or modification of public roads highways involving the removal or displacement of buildings but not resulting in the creation of new l parcels. (s) Improvement of public road highway related facilities, such as maintenance yards, weigh stations rest areas, where additional property or right of way is required but not resulting in the creation of new l parcels. (t) A destination resort that is approved consistent with the requirements of any statewide planning goal relating to the siting of a destination resort. (u) Room board arrangements for a maximum of five unrelated persons in existing residences. (v) Operations for the extraction bottling of water. (w) Expansion of existing county fairgrounds activities directly relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. (x) A living history museum related to resource based activities owned operated by a governmental agency or a local historical society, together with limited commercial activities facilities that are directly related to the use enjoyment of the museum located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum related activities or if the museum administration buildings parking lot are located within one quarter mile of an urban growth boundary. As used in this paragraph: (A) Living history museum means a facility designed to depict interpret everyday life culture of some specific historic period using authentic buildings, tools, equipment people to simulate past activities events; (B) Local historical society means the local historical society recognized by the county governing body organized under ORS chapter 65. (y) An aerial fireworks display business that has been in continuous operation at its current location within an exclusive farm use zone since December 31, 1986, possesses a wholesaler s permit to sell or provide fireworks. (z) A lscape contracting business, as defined in ORS 671.520, or a business providing lscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing marketing of nursery stock on the l that constitutes farm use. (aa) Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, primarily for residents of the rural area in which the school is located. (3) Roads, highways other transportation facilities improvements not allowed under subsections (1) (2) of this section may be established, subject to the approval of the governing body or its designee, in areas zoned for exclusive farm use subject to: (a) Adoption of an exception to the goal related to agricultural ls to any other applicable goal with which the facility or improvement does not comply; or (b) ORS 215.296 for those uses identified by rule of the L Conservation Development Commission as provided in section 3, chapter 529, Oregon Laws 1993. (4) The following agri-tourism other commercial events or activities that are related to supportive of agriculture may be established in any area zoned for exclusive farm use: (a) A county may authorize a single agri-tourism or other commercial event or activity on a tract in a calendar year by an authorization that is personal to the applicant is not transferred by, or transferable with, a conveyance of the tract, if the agri-tourism or other commercial event or activity meets any local stards that apply : (A) The agri-tourism or other commercial event or activity is incidental subordinate to existing farm use on the tract; (B) The duration of the agri-tourism or other commercial event or activity does not exceed 72 consecutive hours; (C) The maximum attendance at the agri-tourism or other commercial event or activity does not exceed 500 people; Enrolled House Bill 2730 (HB 2730-A) Page 5
(D) The maximum number of motor vehicles parked at the site of the agri-tourism or other commercial event or activity does not exceed 250 vehicles; (E) The agri-tourism or other commercial event or activity complies with ORS 215.296; (F) The agri-tourism or other commercial event or activity occurs outdoors, in temporary structures, or in existing permitted structures, subject to health fire life safety requirements; (G) The agri-tourism or other commercial event or activity complies with conditions established for: (i) Planned hours of operation; (ii) Access, egress parking; (iii) A traffic management plan that identifies the projected number of vehicles any anticipated use of public roads; (iv) Sanitation solid waste. (b) In the alternative to paragraphs (a) (c) of this subsection, a county may authorize, through an expedited, single-event license, a single agri-tourism or other commercial event or activity on a tract in a calendar year by an expedited, single-event license that is personal to the applicant is not transferred by, or transferable with, a conveyance of the tract. A decision concerning an expedited, single-event license is not a l use decision, as defined in ORS 197.015. To approve an expedited, single-event license, the governing body of a county or its designee must determine that the proposed agri-tourism or other commercial event or activity meets any local stards that apply, the agri-tourism or other commercial event or activity: (A) Must be incidental subordinate to existing farm use on the tract; (B) May not begin before 6 a.m. or end after 10 p.m.; (C) May not involve more than 100 attendees or 50 vehicles; (D) May not include the artificial amplification of music or voices before 8 a.m. or after 8 p.m.; (E) May not require or involve the construction or use of a new permanent structure in connection with the agri-tourism or other commercial event or activity; (F) Must be located on a tract of at least 10 acres unless the owners or residents of adjoining properties consent, in writing, to the location; (G) Must comply with applicable health fire life safety requirements. (c) In the alternative to paragraphs (a) (b) of this subsection, a county may authorize up to six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited use permit that is personal to the applicant is not transferred by, or transferable with, a conveyance of the tract. The agri-tourism or other commercial events or activities must meet any local stards that apply, the agri-tourism or other commercial events or activities: (A) Must be incidental subordinate to existing farm use on the tract; (B) May not, individually, exceed a duration of 72 consecutive hours; (C) May not require that a new permanent structure be built, used or occupied in connection with the agri-tourism or other commercial events or activities; (D) Must comply with ORS 215.296; (E) May not, in combination with other agri-tourism or other commercial events or activities authorized in the area, materially alter the stability of the l use pattern in the area; (F) Must comply with conditions established for: (i) The types of agri-tourism or other commercial events or activities that are authorized during each calendar year, including the number duration of the agri-tourism or other commercial events activities, the anticipated daily attendance the hours of operation; (ii) The location of existing structures the location of proposed temporary structures to be used in connection with the agri-tourism or other commercial events or activities; (iii) The location of access egress parking facilities to be used in connection with the agri-tourism or other commercial events or activities; (iv) Traffic management, including the projected number of vehicles any anticipated use of public roads; Enrolled House Bill 2730 (HB 2730-A) Page 6
(v) Sanitation solid waste. (d) In addition to paragraphs (a) to (c) of this subsection, a county may authorize agri-tourism or other commercial events or activities that occur more frequently or for a longer period or that do not otherwise comply with paragraphs (a) to (c) of this subsection if the agri-tourism or other commercial events or activities comply with any local stards that apply the agri-tourism or other commercial events or activities: (A) Are incidental subordinate to existing commercial farm use of the tract are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area; (B) Comply with the requirements of paragraph (c)(c), (D), (E) (F) of this subsection; (C) Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size; (D) Do not exceed 18 events or activities in a calendar year. (5) A holder of a permit authorized by a county under subsection (4)(d) of this section must request review of the permit at four-year intervals. Upon receipt of a request for review, the county shall: (a) Provide public notice an opportunity for public comment as part of the review process; (b) Limit its review to events activities authorized by the permit, conformance with conditions of approval required by the permit the stards established by subsection (4)(d) of this section. (6) For the purposes of subsection (4) of this section: (a) A county may authorize the use of temporary structures established in connection with the agri-tourism or other commercial events or activities authorized under subsection (4) of this section. However, the temporary structures must be removed at the end of the agri-tourism or other event or activity. The county may not approve an alteration to the l in connection with an agri-tourism or other commercial event or activity authorized under subsection (4) of this section, including, but not limited to, grading, filling or paving. (b) The county may issue the limited use permits authorized by subsection (4)(c) of this section for two calendar years. When considering an application for renewal, the county shall ensure compliance with the provisions of subsection (4)(c) of this section, any local stards that apply conditions that apply to the permit or to the agri-tourism or other commercial events or activities authorized by the permit. (c) The authorizations provided by subsection (4) of this section are in addition to other authorizations that may be provided by law, except that outdoor mass gathering other gathering, as those terms are used in ORS 197.015 (10)(d), do not include agri-tourism or other commercial events activities. SECTION 2. ORS 215.283, as amended by section 8, chapter 462, Oregon Laws 2013, is amended to read: 215.283. (1) The following uses may be established in any area zoned for exclusive farm use: (a) Churches cemeteries in conjunction with churches. (b) The propagation or harvesting of a forest product. (c) Utility facilities necessary for public service, including wetl waste treatment systems but not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height. A utility facility necessary for public service may be established as provided in: (A) ORS 215.275; or (B) If the utility facility is an associated transmission line, as defined in ORS 215.274 469.300. (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator s spouse, which means a child, parent, stepparent, grchild, grparent, stepgrparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use Enrolled House Bill 2730 (HB 2730-A) Page 7
the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithsting ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this paragraph obtains construction financing or other financing secured by the dwelling the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, the foreclosure shall operate as a partition of the homesite to create a new parcel. (e) Subject to ORS 215.279, primary or accessory dwellings other buildings customarily provided in conjunction with farm use. (f) Operations for the exploration for production of geothermal resources as defined by ORS 522.005 oil gas as defined by ORS 520.005, including the placement operation of compressors, separators other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (g) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b). (h) Climbing passing lanes within the right of way existing as of July 1, 1987. (i) Reconstruction or modification of public roads highways, including the placement of utility facilities overhead in the subsurface of public roads highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new l parcels result. (j) Temporary public road highway detours that will be aboned restored to original condition or use at such time as no longer needed. (k) Minor betterment of existing public road highway related facilities such as maintenance yards, weigh stations rest areas, within right of way existing as of July 1, 1987, contiguous public-owned property utilized to support the operation maintenance of public roads highways. (L) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been listed in a county inventory as historic property as defined in ORS 358.480. (m) Creation, restoration or enhancement of wetls. (n) A winery, as described in ORS 215.452 or 215.453. (o) Farm sts if: (A) The structures are designed used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation other farm operations in the local agricultural area, including the sale of retail incidental items fee-based activity to promote the sale of farm crops or livestock sold at the farm st if the annual sale of incidental items fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm st; (B) The farm st does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock does not include structures for banquets, public gatherings or public entertainment. (p) Alteration, restoration or replacement of a lawfully established dwelling that: (A) Has intact exterior walls roof structure; (B) Has indoor plumbing consisting of a kitchen sink, toilet bathing facilities connected to a sanitary waste disposal system; (C) Has interior wiring for interior lights; (D) Has a heating system; (E) In the case of replacement: (i) Is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling. A replacement dwelling may be sited on any part of the same lot or parcel. A dwelling established under this paragraph shall comply with all applicable siting stards. However, the stards shall not be applied in a manner that prohibits the siting Enrolled House Bill 2730 (HB 2730-A) Page 8
of the dwelling. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm use, the applicant, as a condition of approval, shall execute record in the deed records for the county where the property is located a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee state that the provisions of this paragraph regarding replacement dwellings have changed to allow the siting of another dwelling. The county planning director or the director s designee shall maintain a record of the lots parcels that do not qualify for the siting of a new dwelling under the provisions of this paragraph, including a copy of the deed restrictions release statements filed under this paragraph; (ii) For which the applicant has requested a deferred replacement permit, is removed or demolished within three months after the deferred replacement permit is issued. A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the permit becomes void. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes other requirements relating to health safety or to siting at the time of construction. A deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. (q) A site for the takeoff ling of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator s cost to maintain the property, buildings facilities. As used in this paragraph, model aircraft means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight is controlled by radio, lines or design by a person on the ground. (r) A facility for the processing of farm crops or for the production of biofuel, as defined in ORS 315.141, if the facility is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038. If a building is established or used for the processing facility or establishment, the farm operator may not devote more than 10,000 square feet of floor area to the processing facility or establishment, exclusive of the floor area designated for preparation, storage or other farm use. A processing facility or establishment must comply with all applicable siting stards but the stards may not be applied in a manner that prohibits the siting of the processing facility or establishment. (s) Fire service facilities providing rural fire protection services. (t) Irrigation reservoirs, canals, delivery lines those structures accessory operational facilities, not including parks or other recreational structures facilities, associated with a district as defined in ORS 540.505. (u) Utility facility service lines. Utility facility service lines are utility lines accessory facilities or structures that end at the point where the utility service is received by the customer that are located on one or more of the following: (A) A public right of way; (B) L immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or (C) The property to be served by the utility. (v) Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, as provided in ORS 215.246 to 215.251, the l application Enrolled House Bill 2730 (HB 2730-A) Page 9
of reclaimed water, agricultural or industrial process water or biosolids for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone under this chapter. (w) A county law enforcement facility that lawfully existed on August 20, 2002, is used to provide rural law enforcement services primarily in rural areas, including parole post-prison supervision, but not including a correctional facility as defined under ORS 162.135. (x) Dog training classes or testing trials, which may be conducted outdoors or in preexisting farm buildings, when: (A) The number of dogs participating in training does not exceed 10 dogs per training class the number of training classes to be held on-site does not exceed six per day; (B) The number of dogs participating in a testing trial does not exceed 60 the number of testing trials to be conducted on-site is limited to four or fewer trials per calendar year. (2) The following nonfarm uses may be established, subject to the approval of the governing body or its designee in any area zoned for exclusive farm use subject to ORS 215.296: (a) Commercial activities that are in conjunction with farm use, including the processing of farm crops into biofuel not permitted under ORS 215.203 (2)(b)(K) or subsection (1)(r) of this section. (b) Operations conducted for: (A) Mining processing of geothermal resources as defined by ORS 522.005 oil gas as defined by ORS 520.005 not otherwise permitted under subsection (1)(f) of this section; (B) Mining, crushing or stockpiling of aggregate other mineral other subsurface resources subject to ORS 215.298; (C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portl cement; (D) Processing of other mineral resources other subsurface resources. (c) Private parks, playgrounds, hunting fishing preserves campgrounds. Subject to the approval of the county governing body or its designee, a private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation. Upon request of a county governing body, the L Conservation Development Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of the campgrounds in a county if the commission determines that the increase will comply with the stards described in ORS 215.296 (1). As used in this paragraph, yurt means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appliance. (d) Parks playgrounds. A public park may be established consistent with the provisions of ORS 195.120. (e) Community centers owned by a governmental agency or a nonprofit community organization operated primarily by for residents of the local rural community. A community center authorized under this paragraph may provide services to veterans, including but not limited to emergency transitional shelter, preparation service of meals, vocational educational counseling referral to local, state or federal agencies providing medical, mental health, disability income replacement substance abuse services, only in a facility that is in existence on January 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. (f) Golf courses on l: (A) Determined not to be high-value farml, as defined in ORS 195.300[.] (10); or (B) Determined to be high-value farml described in ORS 195.300 (10)(c) if the l: (i) Is not otherwise described in ORS 195.300 (10); (ii) Is surrounded on all sides by an approved golf course; (iii) Is west of U.S. Highway 101. (g) Commercial utility facilities for the purpose of generating power for public use by sale. (h) Personal-use airports for airplanes helicopter pads, including associated hangar, maintenance service facilities. A personal-use airport, as used in this section, means an airstrip re- Enrolled House Bill 2730 (HB 2730-A) Page 10
stricted, except for aircraft emergencies, to use by the owner,, on an infrequent occasional basis, by invited guests, by commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal-use airport other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances. A personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted subject to any applicable rules of the Oregon Department of Aviation. (i) Home occupations as provided in ORS 215.448. (j) A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices is compatible with farm uses described in ORS 215.203 (2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in this section, means timber grown upon a parcel of l or contiguous l where the primary processing facility is located. (k) A site for the disposal of solid waste approved by the governing body of a city or county or both for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. (L) One manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under subsection (1)(p) of this section. (m) Transmission towers over 200 feet in height. (n)(a) Commercial dog boarding kennels; or (B) Dog training classes or testing trials that cannot be established under subsection (1)(x) of this section. (o) Residential homes as defined in ORS 197.660, in existing dwellings. (p) The propagation, cultivation, maintenance harvesting of aquatic species that are not under the jurisdiction of the State Fish Wildlife Commission or insect species. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. The county shall provide notice of all applications under this paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the county s l use regulations but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application. (q) Construction of additional passing travel lanes requiring the acquisition of right of way but not resulting in the creation of new l parcels. (r) Reconstruction or modification of public roads highways involving the removal or displacement of buildings but not resulting in the creation of new l parcels. (s) Improvement of public road highway related facilities, such as maintenance yards, weigh stations rest areas, where additional property or right of way is required but not resulting in the creation of new l parcels. (t) A destination resort that is approved consistent with the requirements of any statewide planning goal relating to the siting of a destination resort. (u) Room board arrangements for a maximum of five unrelated persons in existing residences. (v) Operations for the extraction bottling of water. Enrolled House Bill 2730 (HB 2730-A) Page 11
(w) Expansion of existing county fairgrounds activities directly relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. (x) A living history museum related to resource based activities owned operated by a governmental agency or a local historical society, together with limited commercial activities facilities that are directly related to the use enjoyment of the museum located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum related activities or if the museum administration buildings parking lot are located within one quarter mile of an urban growth boundary. As used in this paragraph: (A) Living history museum means a facility designed to depict interpret everyday life culture of some specific historic period using authentic buildings, tools, equipment people to simulate past activities events; (B) Local historical society means the local historical society recognized by the county governing body organized under ORS chapter 65. (y) An aerial fireworks display business that has been in continuous operation at its current location within an exclusive farm use zone since December 31, 1986, possesses a wholesaler s permit to sell or provide fireworks. (z) A lscape contracting business, as defined in ORS 671.520, or a business providing lscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing marketing of nursery stock on the l that constitutes farm use. (aa) Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, primarily for residents of the rural area in which the school is located. (3) Roads, highways other transportation facilities improvements not allowed under subsections (1) (2) of this section may be established, subject to the approval of the governing body or its designee, in areas zoned for exclusive farm use subject to: (a) Adoption of an exception to the goal related to agricultural ls to any other applicable goal with which the facility or improvement does not comply; or (b) ORS 215.296 for those uses identified by rule of the L Conservation Development Commission as provided in section 3, chapter 529, Oregon Laws 1993. (4) The following agri-tourism other commercial events or activities that are related to supportive of agriculture may be established in any area zoned for exclusive farm use: (a) A county may authorize a single agri-tourism or other commercial event or activity on a tract in a calendar year by an authorization that is personal to the applicant is not transferred by, or transferable with, a conveyance of the tract, if the agri-tourism or other commercial event or activity meets any local stards that apply : (A) The agri-tourism or other commercial event or activity is incidental subordinate to existing farm use on the tract; (B) The duration of the agri-tourism or other commercial event or activity does not exceed 72 consecutive hours; (C) The maximum attendance at the agri-tourism or other commercial event or activity does not exceed 500 people; (D) The maximum number of motor vehicles parked at the site of the agri-tourism or other commercial event or activity does not exceed 250 vehicles; (E) The agri-tourism or other commercial event or activity complies with ORS 215.296; (F) The agri-tourism or other commercial event or activity occurs outdoors, in temporary structures, or in existing permitted structures, subject to health fire life safety requirements; (G) The agri-tourism or other commercial event or activity complies with conditions established for: (i) Planned hours of operation; (ii) Access, egress parking; Enrolled House Bill 2730 (HB 2730-A) Page 12
(iii) A traffic management plan that identifies the projected number of vehicles any anticipated use of public roads; (iv) Sanitation solid waste. (b) In the alternative to paragraphs (a) (c) of this subsection, a county may authorize, through an expedited, single-event license, a single agri-tourism or other commercial event or activity on a tract in a calendar year by an expedited, single-event license that is personal to the applicant is not transferred by, or transferable with, a conveyance of the tract. A decision concerning an expedited, single-event license is not a l use decision, as defined in ORS 197.015. To approve an expedited, single-event license, the governing body of a county or its designee must determine that the proposed agri-tourism or other commercial event or activity meets any local stards that apply, the agri-tourism or other commercial event or activity: (A) Must be incidental subordinate to existing farm use on the tract; (B) May not begin before 6 a.m. or end after 10 p.m.; (C) May not involve more than 100 attendees or 50 vehicles; (D) May not include the artificial amplification of music or voices before 8 a.m. or after 8 p.m.; (E) May not require or involve the construction or use of a new permanent structure in connection with the agri-tourism or other commercial event or activity; (F) Must be located on a tract of at least 10 acres unless the owners or residents of adjoining properties consent, in writing, to the location; (G) Must comply with applicable health fire life safety requirements. (c) In the alternative to paragraphs (a) (b) of this subsection, a county may authorize up to six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited use permit that is personal to the applicant is not transferred by, or transferable with, a conveyance of the tract. The agri-tourism or other commercial events or activities must meet any local stards that apply, the agri-tourism or other commercial events or activities: (A) Must be incidental subordinate to existing farm use on the tract; (B) May not, individually, exceed a duration of 72 consecutive hours; (C) May not require that a new permanent structure be built, used or occupied in connection with the agri-tourism or other commercial events or activities; (D) Must comply with ORS 215.296; (E) May not, in combination with other agri-tourism or other commercial events or activities authorized in the area, materially alter the stability of the l use pattern in the area; (F) Must comply with conditions established for: (i) The types of agri-tourism or other commercial events or activities that are authorized during each calendar year, including the number duration of the agri-tourism or other commercial events activities, the anticipated daily attendance the hours of operation; (ii) The location of existing structures the location of proposed temporary structures to be used in connection with the agri-tourism or other commercial events or activities; (iii) The location of access egress parking facilities to be used in connection with the agri-tourism or other commercial events or activities; (iv) Traffic management, including the projected number of vehicles any anticipated use of public roads; (v) Sanitation solid waste. (d) In addition to paragraphs (a) to (c) of this subsection, a county may authorize agri-tourism or other commercial events or activities that occur more frequently or for a longer period or that do not otherwise comply with paragraphs (a) to (c) of this subsection if the agri-tourism or other commercial events or activities comply with any local stards that apply the agri-tourism or other commercial events or activities: (A) Are incidental subordinate to existing commercial farm use of the tract are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area; (B) Comply with the requirements of paragraph (c)(c), (D), (E) (F) of this subsection; Enrolled House Bill 2730 (HB 2730-A) Page 13